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Assembly Bill A9721

2023-2024 Legislative Session

Relates to reports by the office of special investigation

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Archive: Last Bill Status - In Assembly Committee

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2023-A9721 (ACTIVE) - Details

See Senate Version of this Bill:
S8858
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §70-b, Exec L
Versions Introduced in 2025-2026 Legislative Session:
A5690, S501

2023-A9721 (ACTIVE) - Summary

Requires the office of special investigation to conclude investigations into alleged criminal offenses committed by police officers resulting in a death and issue a report within sixty days.

2023-A9721 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9721
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the executive law, in relation to the office of  special
   investigation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 6 of section 70-b of the executive  law,
 as  added  by  chapter  95  of  the laws of 2020, are amended to read as
 follows:
   2. The attorney  general  has  investigative  authority  and  criminal
 jurisdiction  under  this section at the time of the death of the person
 and the attorney general retains investigative  authority  and  criminal
 jurisdiction  over  the  incident unless the attorney general determines
 that such incident does not meet the requirements of  this  section.  If
 the  attorney general determines the incident does not meet the require-
 ments for the attorney general to have investigative authority and crim-
 inal jurisdiction pursuant to this section, the attorney general  shall,
 [as  soon  as  practicable] WITHIN SIXTY DAYS, provide written notice of
 such determination to the district attorney for the county in which  the
 incident occurred.
   6.  (a)  For  any  incident  under this section, the office of special
 investigation shall issue a public report and post  the  report  on  its
 website whenever the office of special investigation initiates an inves-
 tigation and (i) the office of special investigation declines to present
 evidence  to  a  grand  jury or (ii) the office of special investigation
 does present evidence to a grand jury but the  grand  jury  declines  to
 return indictment on any charges. The report will include, to the extent
 possible  and  lawful, the results of the investigation of the incident.
 SUCH REPORT SHALL BE ISSUED WITHIN SIXTY DAYS OF THE INITIATION  OF  THE
 INVESTIGATION;  PROVIDED  THAT SUCH PERIOD MAY, FOR GOOD CAUSE SHOWN, BE
 EXTENDED FOR THIRTY DAY INTERVALS.
   (b) The report shall also include: (i) with  respect  to  subparagraph
 (i)  of  paragraph (a) of this subdivision, an explanation as to why the
 office of special investigation declined to present evidence to a  grand
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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